How are legal fees set in Turkey? Lawyer fees, the AAÜT tariff, court costs and legal aid

The short answer

The cost of a legal matter usually has three parts: the fee you pay your own lawyer, the litigation costs paid to the state and third parties (court fees, service of documents, experts, site inspections), and the adverse legal fee (karşı vekâlet ücreti) the losing party is ordered to pay. Add to that the notary cost of the power of attorney before the case starts.

We do not give figures here, because all of these tariffs are reset every year. Instead, we explain the rule behind each item and where to find the current amount.

How is a lawyer's fee determined?

A lawyer's fee is payment for legal services and is freely agreed in a fee agreement (Attorneys' Act No. 1136, Arts. 163–164). The agreement must cover a defined service and an amount or value. Unwritten agreements are proven under general rules, so putting the fee, scope and payment schedule in writing protects both sides.

The fee depends on the nature and complexity of the work and the time involved. It may be a fixed amount or, in money claims, a percentage of the value of the case. The law sets two limits:

• Minimum: a fee below the minimum attorney fee tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) cannot be agreed (Art. 164/4).
• Maximum: a percentage fee cannot exceed 25% of the value of the case or award (Art. 164/2). Agreements above this are valid up to the limit (Art. 163).
• A percentage agreement cannot give the lawyer a share in kind of property or rights other than money.

If no fee was agreed, or the agreement is unclear or disputed, the fee in money matters is set at 10% to 20% of the amount won, but not below the tariff; in non-monetary matters the AAÜT applies (Art. 164/4).

What is the AAÜT and when is it published?

The AAÜT is the statutory minimum fee tariff for legal services. It has three main parts: non-litigation work (consultations, formal notices, drafting contracts), court work with fixed fees, and work charged as a percentage of the value in dispute.

The timetable is set by law (Art. 168): bar associations send proposals to the Union of Turkish Bar Associations (TBB) in September, the TBB sends the tariff to the Ministry of Justice by the end of October, and the Ministry decides within a month. As a result, the new tariff is usually published in the Official Gazette in early November and applies for a year. The current text is available in the Official Gazette or on the TBB website.

A “recommended fee tariff” (tavsiye niteliğinde ücret tarifesi) is a separate document some bar associations, such as the Istanbul Bar, publish as guidance. The binding minimum is the AAÜT. When awarding fees, courts apply the AAÜT in force when the service was completed or the judgment was given (Art. 168).

Adverse legal fees: does the loser pay?

Yes. In civil cases, litigation costs are generally charged to the party that loses (Code of Civil Procedure No. 6100, HMK Art. 326). A party represented by a lawyer is awarded a legal fee set by law (HMK Art. 330), calculated under the AAÜT and no lower than the tariff nor more than three times it (Attorneys' Act Art. 169).

Two points are often misunderstood:

• The adverse legal fee belongs to the lawyer, and cannot be set off against or seized for the client's debts (Art. 164/5). Winning does not mean the fee you paid your lawyer is refunded; unless your agreement says otherwise, the award is the lawyer's.
• If a case is partly won, costs are split in proportion to each side's success (HMK Art. 326/2), so both sides may owe each other legal fees.

In criminal cases, a defendant who is convicted, even with HAGB or a suspended sentence, bears the litigation costs (CMK Art. 325). For more on criminal procedure, see our guide to HAGB, non-prosecution and probation.

Court fees and litigation costs

Under HMK Article 323, litigation costs include filing, decision and judgment fees, service and postage, file costs, notices and powers of attorney, site inspections, witness and expert fees, and charges for official documents.

• Court fees follow the tariffs of Fees Law No. 492 and are updated every year by the revaluation rate; new amounts are usually published at year end.
• Money claims attract a proportional fee, part of which is paid upfront when the case is filed and the rest at judgment. Non-monetary claims carry a fixed fee.
• The cost advance (gider avansı) for service, experts and witnesses follows the tariff published annually by the Council of Judges and Prosecutors (HSK).
• Where mandatory mediation applies (employment, commercial, consumer, rental disputes and others) and the parties do not settle, two hours of the mediator's fee are paid from the Ministry of Justice budget; any time beyond two hours is shared equally unless agreed otherwise. These amounts count as litigation costs if a case is filed. If the parties settle, the fee is shared equally unless agreed otherwise (Mediation Law No. 6325, Art. 18/A).

The winning party can recover the fees and costs it paid from the losing party under the judgment. Any unused cost advance is refunded once the decision is final.

Power of attorney and notary costs

For a lawyer to file or pursue a case on your behalf, you need a power of attorney issued by a notary (vekâletname). The notary's fee follows the notary fee tariff approved by the Ministry of Justice, plus duties and stamp costs. Since the tariff is updated yearly and depends on the type and length of the document, the most reliable way to know the cost is to ask the notary beforehand.

• Foreign nationals need a passport or residence permit and their foreign ID number; your lawyer can prepare the text for the notary.
• If you do not speak Turkish, a sworn translator must be present at the notary, for an additional fee.
• If you are abroad, you can grant the power of attorney at a Turkish consulate.
• When submitting the power of attorney to court, the lawyer affixes a bar association stamp (vekâlet pulu, Art. 27), usually listed among expenses.

When and how is the fee paid?

Timing and method are set in the agreement. Commonly, part is paid at the start and the rest at certain stages or at the end; instalments can also be agreed. The lawyer issues a self-employment receipt or invoice for fees received.

Useful questions to ask at the first meeting: what does the fee cover (first instance, appeal, cassation, enforcement), are expenses included, who keeps any adverse legal fee, and what happens if the matter ends early through settlement or withdrawal. Where a matter ends by agreement between the parties, the clients are jointly liable for the lawyer's fee (Art. 165).

Legal aid for those who cannot afford a lawyer

What people search for as a “free lawyer” is called legal aid (adli yardım). There are two routes:

1. Legal aid from the court (HMK Arts. 334–340): a person who cannot pay litigation costs without seriously straining their own or their family's livelihood may receive legal aid, provided the claim is not clearly unfounded. It grants a temporary exemption from fees and costs and from security, state advance of expenses and, if needed, a lawyer whose fee is paid later. The request goes to the court hearing the case, with a summary of the claim, the evidence and documents showing financial means. Foreign nationals are also subject to reciprocity.
2. Legal aid from the bar (Attorneys' Act Arts. 176–181): every bar association runs a legal aid office. You apply with documents showing your income and the merits of the request; if accepted, the bar appoints a lawyer. A refusal can be taken to the bar president.

Legal aid covers costs only temporarily. Deferred costs and state advances are recovered from the losing party; if the legally aided person loses, the court may allow payment in monthly instalments over up to a year (HMK Art. 339). The adverse legal fee may also be charged to the losing party.

Court-appointed defence counsel in criminal cases

If a suspect or defendant says they cannot choose a lawyer, the bar appoints defence counsel on request (CMK Art. 150/1). Counsel is appointed without a request if the person is a child, unable to defend themselves due to disability, deaf and mute, or charged with an offence carrying a minimum of more than five years' imprisonment (Art. 150/2–3).

Victims have a similar option: in sexual assault, child sexual abuse, stalking, intentional injury against women, torture and ill-treatment, and offences carrying a minimum of more than five years, a victim who joins the case may ask for a bar-appointed lawyer; for child victims no request is needed (CMK Art. 239).

Lawyers appointed under the CMK are paid by the state under a separate tariff set by the Ministry of Justice and the TBB. If the defendant is convicted, this payment may be recovered from them as part of the litigation costs (CMK Arts. 324–325).

Can you go to court without a lawyer?

Yes. Anyone with capacity may file and pursue their own case (Attorneys' Act Art. 35/3). This can work for simple, uncontested matters, but a poorly drafted petition, a missed deadline or late evidence can have consequences that are hard to undo, and a losing party still pays the adverse legal fee. For the steps and costs of a divorce, for example, see our guide on how to file for divorce.

Discussing the scope of the fee, the expenses and any possible adverse legal fee in writing before you start avoids surprises. At our first meeting we explain the scope of the work and the basis on which fees will be charged; you can browse our practice areas or reach us via the contact page.